Judgement

JAGANNADHADAS, J. - This is an appeal by special leave. The appellant before us was convicted by the learned Presidency Magistrate, Third Court, Esplanade, Bombay, for the offence of cheating under S.420 read with S.34 of the Indian Penal Code on three counts of cheating viz. the first relating to a sum of Rs. 2,30,000 and the third relating to a sum of Rs. 2,36,900.

He was sentenced by the learned Magistrate to two years rigorous imprisonment and a fine of Rs. 1,000 on the first count, to twenty-two months rigorous imprisonment and a fine of Rs. 1,000 on the second count, and two months rigorous imprisonment on the third count. It was directed that the substantive sentences only on the second and third counts are to run concurrently.

2. The prosecution was initiated on a private complaint filed by one Luis Antonio Correa on June 30, 1952, against four persons of whom the appellant was designated therein as the first accused and one Santaram as the fourth accused and two other persons A. A. Rowji and S. A. Rowji, as second and third accused respectively. Bailable warrants were issued against all the four by the learned Magistrate but it appears that warrants could not be e